1. PAYMENTS
1.1 The consumer agrees and undertakes to pay when due any amount owed to The YMCA of Québec under this contract.
1.2 The consumer agrees to fulfill his payment obligations as indicated in the “Payment Terms and Conditions” section of this contract.
1.3 Penalties for declined payments: cheques that are returned or credit card payments that are declined for whatever reason are subject to the payment of the costs incurred by the YMCA.
2. CONTRACT TERM AND PAYMENTS
2.1 The contract term takes effect from the start date of the membership.
2.2 The consumer undertakes and agrees to pay on the due date any amount due to The YMCAs of Québec (hereinafter the “YMCA”) and undertakes to fulfil his/her payment obligations with regard to the recurring transaction, as indicated in the “Terms of Payment” section of this contract.
2.3 The consumer undertakes to inform the YMCA of any change that may occur in his/her method of payment that may result in the YMCA being unable to process the payment according to the terms of payment indicated in the “Terms of Payment” section of this contract at least 1 day before the date of the next payment (e.g., closure or change of bank account or credit card, new expiry date of the credit card).
2.4 Penalties for refused payments: If a cheque is returned or a payment is refused for any reason whatsoever it will be subject to payment of the fees incurred by the YMCA.
3. LIMITATION OF LIABILITY
3.1 The consumer participating in the virtual sessions understands and accepts that, by registering for a YMCA program, he or she is participating voluntarily and at his or her own risk and responsibility, subject to the provisions of this contract. Although the employees, volunteers, instructors and subcontractors of The YMCAs of Québec make every effort to minimize exposure to known risks, the YMCA recommends that consumers should talk to their own doctor before participating in any of its virtual programs.
3.2 The consumer assumes full responsibility for any damage or injury and hereby fully discharges and releases the YMCA and its officers, directors, agents, employees, instructors, volunteers and other representatives of the YMCA from any and all present or future legal actions, claims, demands, actions or causes of action arising out of the consumer’s participation in the virtual sessions.
4. PROCESSING OF PERSONAL INFORMATION
4.1 The YMCA is committed to protecting the consumer’s personal information by using the following responsible practices when processing this information. The YMCA collects personal information (including, but not limited to, last name, first name, gender, mailing address, email address and age) about the consumer, which is necessary to effectively manage the requested service offering.
4.2 Among other things, the YMCA collects personal information for statistical purposes in order to better meet the consumer’s service requirements, to ensure a secure environment for any person using its facilities, to inform the consumer about the YMCA’s program for which the consumer is registered, to complete payment transactions and to meet legislative requirements.
4.3 Only authorized employees have access to the consumer’s personal information. The consumer’s personal information is stored in the YMCA’s secure IT system. Unless there is a legal exception, the consumer has the right to consult his or her file and to rectify personal information by sending a written request to the YMCA. Except to the extent permitted by law, no personal information will be disclosed to a third party not connected with the YMCA without the consumer’s prior written consent.
4.4 The consumer may agree to provide his/her e-mail address to the YMCA as a means of communication between the parties. This consent authorizes the YMCA to collect the consumer’s e-mail address as a means to provide the consumer with any information relating to the services requested, to inform the consumer about other YMCA programs, services and opportunities of interest and benefit to the consumer, and to obtain the consumer’s opinion about the quality of the YMCA’s service delivery. In the event that the consumer no longer wishes to be contacted by e-mail, he/she must send a written request to this effect to the YMCA.
4.5 Refer to the link https://www.ymcaquebec.org/en/Privacy-Policy to consult the YMCA’s privacy policy regarding the holding, use and disclosure of personal information collected via the YMCA’s website and social media pages.
For any questions about how we manage your personal data or to exercise your rights
Please contact our responsible officer:
Email Address: confidentialite@ymcaquebec.org
Postal Address: 1435 Drummond St, Montreal, Quebec H3G 1W4
5. SALES TAXES
5.1 The amount of the payments provided for in this contract will be automatically adjusted during the term of this contract to take into account any increase or reduction in provincial and/or federal sales taxes applicable at the time of payment, if applicable.
5.2 The consumer agrees to pay to the YMCA the amount of any applicable provincial or federal sales tax at the time of payment and, if payments are made by pre-authorized debit, the consumer further authorizes the YMCA to collect any applicable sales tax at the time of such pre-authorized debit.
6. CANCELLATION OF VIRTUAL SERVICES
Mention is required under the Consumer Protection Act contract concluded by a merchant operating a health studio
6.1 “The consumer may cancel this contract without charge or penalty before the merchant has begun the performance of his principal obligation by sending notice in writing for that purpose to the merchant. If the consumer has begun to perform his principal obligation; the consumer may cancel this contract within a time period equal to one tenth (1/10) of the term prescribed in this contract by sending notice in writing for that purpose to the merchant. Such time period shall begin at the time the merchant begins to perform his principal obligation. In that case, the merchant may not exact from the consumer payment of any sum greater than one-tenth (1/10) of the total price prescribed in the contract. The contract is cancelled, without further formality, upon the sending of the form or notice. If a customer has a credit balance, this amount may be used to purchase goods or services in the future. Credit balances will expire one year after their date of issue.
Within ten (10) days following the cancellation of the contract, the merchant must return to the consumer the money he owes him.
It is in the consumer’s interest to refer to sections 197 to 205 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consummator.”
6.2 It is possible to terminate (cancel) membership at least seven (7) days before the next billing (payment) date. If the next payment is due in less than seven (7) days, the membership will be cancelled following the next payment.
6.3 If the contract is cancelled after a period equivalent to one tenth (1/10) of the term of the membership contract, an administrative fee of maximum $25 will be applied to the amount of the credit balance in the case of a refund.
7. GENERAL RULES
The YMCA is a shared experience for everyone to enjoy. Each of us can make it better for all by being considerate of others. YMCA members, volunteers and staff all pledge to treat one another with respect and dignity and to comply with our current rules, under penalty of immediate removal from the premises.
RESPECT
- Please follow the instructions of the YMCA staff and volunteers. Please use respectful language at all times.
- Aggressive behavior, fights, threats, and physical attacks are strictly forbidden.
- Please arrive on time for group activities.
8. GENERAL
8.1 The consumer acknowledges that the rights granted to him/her hereunder may not be assigned or transferred. The consumer undertakes not to allow any other person to be present in the room where he or she will benefit from the virtual sessions.
8.2 The consumer undertakes to read and accept the provisions hereof regarding the limitation of liability, the rules and the Code of Conduct of the YMCA (available online at https://www.ymcaquebec.org/en/Become-a-Member/Member-Guide/Code-of-Conduct). Non-compliance with these rules by the consumer and/or his/her guests could be a reason to terminate the membership or participation in an activity.
8.3 The parties have agreed that this contract be drafted in English.
I have read and accepted the terms and conditions as described in the document “General Terms and Conditions”, which forms an integral part of this contract.
I authorize the YMCA to collect payments using the transaction method described above. Please note that the settlement date for direct debits from the bank account may take up to seven (7) business days.
1. PAYMENTS
1.1 The consumer agrees and undertakes to pay when due any amount owed to The YMCA of Québec under this contract.
1.2 The consumer agrees to fulfill his payment obligations as indicated in the “Payment Terms and Conditions” section of this contract.
1.3 Penalties for declined payments: cheques that are returned or credit card payments that are declined for whatever reason are subject to the payment of the costs incurred by the YMCA.
1.4 PREREQUISITE CONDITIONS
You agree to respect course pre-requisites and attendance policies. You declare that you are aware that all courses attended will not be refunded. Please refer to section 5 for more information about our cancellation policy.
2. LIMITATION OF LIABILITY
2.1 The consumer participating in the virtual sessions understands and accepts that, by registering for a YMCA program, he or she is participating voluntarily and at his or her own risk and responsibility, subject to the provisions of this contract. Although the employees, volunteers, instructors and subcontractors of The YMCAs of Québec make every effort to minimize exposure to known risks, the YMCA recommends that consumers should talk to their own doctor before participating in any of its virtual programs.
2.2 The consumer assumes full responsibility for any damage or injury and hereby fully discharges and releases the YMCA and its officers, directors, agents, employees, instructors, volunteers and other representatives of the YMCA from any and all present or future legal actions, claims, demands, actions or causes of action arising out of the consumer’s participation in the virtual sessions.
3. PROCESSING OF PERSONAL INFORMATION
3.1 The YMCA is committed to protecting the consumer’s personal information by using the following responsible practices when processing this information. The YMCA collects personal information (including, but not limited to, last name, first name, gender, mailing address, email address and age) about the consumer, which is necessary to effectively manage the requested service offering.
3.2 Among other things, the YMCA collects personal information for statistical purposes in order to better meet the consumer’s service requirements, to ensure a secure environment for any person using its facilities, to inform the consumer about the YMCA’s program for which the consumer is registered, to complete payment transactions and to meet legislative requirements.
3.3 Only authorized employees have access to the consumer’s personal information. The consumer’s personal information is stored in the YMCA’s secure IT system. Unless there is a legal exception, the consumer has the right to consult his or her file and to rectify personal information by sending a written request to the YMCA. Except to the extent permitted by law, no personal information will be disclosed to a third party not connected with the YMCA without the consumer’s prior written consent.
3.4 The consumer may agree to provide his/her e-mail address to the YMCA as a means of communication between the parties. This consent authorizes the YMCA to collect the consumer’s e-mail address as a means to provide the consumer with any information relating to the services requested, to inform the consumer about other YMCA programs, services and opportunities of interest and benefit to the consumer, and to obtain the consumer’s opinion about the quality of the YMCA’s service delivery. In the event that the consumer no longer wishes to be contacted by e-mail, he/she must send a written request to this effect to the YMCA.
3.5 Refer to the link https://www.ymcaquebec.org/en/Privacy-Policy to consult the YMCA’s privacy policy regarding the holding, use and disclosure of personal information collected via the YMCA’s website and social media pages.
4. SALES TAXES
4.1 The amount of the payments provided for in this contract will be automatically adjusted during the term of this contract to take into account any increase or reduction in provincial and/or federal sales taxes applicable at the time of payment, if applicable.
4.2 The consumer agrees to pay to the YMCA the amount of any applicable provincial or federal sales tax at the time of payment and, if payments are made by pre-authorized debit, the consumer further authorizes the YMCA to collect any applicable sales tax at the time of such pre-authorized debit.
5. CANCELLATION OF VIRTUAL SERVICES
Mention is required under the Consumer Protection Act
5.1 Cancellation Policy
You may cancel your enrollment to the fitness activity (hereinafter referred to as the "contract") without charge or penalty before we have begun the performance of our principal obligation by sending us a written notice to that effect.
If we have begun to perform our principle obligation, you may cancel this contract within a time period equal to one-tenth (1/10) of the intended duration of the contract by sending us a written notice for that purpose. This time period shall start from the moment we begin to perform our principle obligation. In such case, we shall not exact a payment from you of any sum greater than one-tenth (1/10) of the total price prescribed in the contract.
The contract is cancelled, without further formality, upon sending the notice. We will return the sum of the money that we owe you within ten (10) days following the cancellation of the contract.
It is in your interest to refer to sections 197 to 205 of the Consumer Protection Act (R.S.Q., c. P-40.1) and, where necessary, to contact the Office de la protection du consummator.
If you cancel the contract after we have begun to perform our principle obligation, you must pay:
- the price of services rendered, calculated at the rate stipulated in the contract; and, a sum representing no more than 10% of the price of services that were not rendered, up to a maximum of $50.
6. GENERAL RULES
The YMCA is a shared experience for everyone to enjoy. Each of us can make it better for all by being considerate of others. YMCA members, volunteers and staff all pledge to treat one another with respect and dignity and to comply with our current rules, under penalty of immediate removal from the premises.
RESPECT
- Please follow the instructions of the YMCA staff and volunteers.
- Please use respectful language at all times. Aggressive behavior, fights, threats, and physical attacks are strictly forbidden.
- Please arrive on time for group activities.
7. GENERAL
7.1 The consumer acknowledges that the rights granted to him/her hereunder may not be assigned or transferred. The consumer undertakes not to allow any other person to be present in the room where he or she will benefit from the virtual sessions.
7.2 The consumer undertakes to read and accept the provisions hereof regarding the limitation of liability, the rules and the Code of Conduct of the YMCA (available online at https://www.ymcaquebec.org/en/Become-a-Member/Member-Guide/Code-of-Conduct). Non-compliance with these rules by the consumer and/or his/her guests could be a reason to terminate the membership or participation in an activity.
7.3 The parties have agreed that this contract be drafted in English.
I have read and accepted the terms and conditions as described in the document “General Terms and Conditions”, which forms an integral part of this contract.
I authorize the YMCA to collect payments using the transaction method described above. Please note that the settlement date for direct debits from the bank account may take up to seven (7) business days.